Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested., 36868-36869 [E8-14786]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 126 (Monday, June 30, 2008)]
[Notices]
[Pages 36868-36869]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14786]



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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection Requirement Submitted to OMB for 
Review and Approval, Comments Requested.

June 24, 2008.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. Comments are requested concerning (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Commission, including whether the information 
shall have practical utility; (b) the accuracy of the Commission's 
burden estimate; (c) ways to enhance the quality, utility, and clarity 
of the information collected; and (d) ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology.

DATES: Written Paperwork Reduction Act (PRA) comments should be 
submitted on or before July 30, 2008. If you anticipate that you will 
be submitting comments, but find it difficult to do so within the 
period of time allowed by this notice, you should advise the contacts 
listed below as soon as possible.

ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov 
or via fax at (202) 395-5167 and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC or via Internet at Cathy.Williams@fcc.gov or 
PRA@fcc.gov.
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page https://www.reginfo.gov/public/
do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the title of this ICR (or 
its OMB control number, if there is one) and then click on the ICR 
Reference Number to view detailed information about this ICR.''

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Cathy Williams at (202) 418-
2918.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0027.
    Type of Review: Revision of a currently approved collection.
    Title: Application for Construction Permit for Commercial Broadcast 
Station.
    Form Number: FCC Form 301.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents/Responses: 4,278 respondents/4,278 responses.
    Estimated Time per Response: 2 to 5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain benefits--Statutory 
authority for this collection of information is contained in Sections 
154(i), 303, and 308 of the Communications Act of 1934, as amended, and 
Section 204 of the Telecommunications Act of 1996.
    Total Annual Burden: 11,072 hours.
    Total Annual Costs: $51,802,197.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On December 18, 2007, the Commission adopted a 
Report and Order and Order on Reconsideration in its 2006 Quadrennial 
Regulatory Review of the Commission's Broadcast Ownership Rules and 
Other Rules Adopted Pursuant to Section 202 of the Telecommunications 
Act of 1996, MB Docket No. 06-121, FCC 07-216. Section 202 requires the 
Commission to review its broadcast ownership rules every four years and 
determine whether any of such rules are necessary in the public 
interest. Further, Section 202 requires the Commission to repeal or 
modify any regulation it determines to be no longer in the public 
interest.
    Consistent with actions taken by the Commission in the 2006 
Quadrennial Regulatory Review, the following changes are made to Form 
301: The instructions to Form 301 are revised to include a reference to 
the 2006 Quadrennial Regulatory Review as a source of information 
regarding the Commission's multiple ownership attribution policies and 
standards. Also, the language in Section A, IV of Worksheet 2 
in Form 301 is changed. This worksheet is used in connection with 
Section II, Item 4 of Form 301 to determine the applicant's compliance 
with the Commission's multiple ownership rules and cross-ownership 
rules set forth in 47 CFR 73.3555.
    The revisions to the worksheet account for changes made by the 
Commission in the 2006 Quadrennial Review to 47 CFR 73.3555(d), the 
Daily Newspaper Cross-Ownership Rule. The revised rule changes the 
circumstances under which an entity may own a daily newspaper and a 
radio station or television station in the same designated market area. 
In conjunction with this same rule change, language from 47 CFR 
73.3555(d) is added to Section B of Worksheet 2 to assist 
applicants in their determination of compliance with the Daily 
Newspaper Cross-Ownership Rule.
    47 CFR 73.3555(d) (daily newspaper cross-ownership rule) states:
    (1) No license for an AM, FM or TV broadcast station shall be 
granted to any party (including all parties under common control) if 
such party directly or indirectly owns, operates or controls a daily 
newspaper and the grant of such license will result in:
    (i) The predicted or measured 2 mV/m contour of an AM station, 
computed in accordance with Sec.  73.183 or Sec.  73.186, encompassing 
the entire community in which such newspaper is published; or
    (ii) The predicted 1 mV/m contour for an FM station, computed in 
accordance with Sec.  73.313, encompassing the entire community in 
which such newspaper is published; or
    (iii) The Grade A contour of a TV station, computed in accordance 
with Sec.  73.684, encompassing the entire community in which such 
newspaper is published.
    (2) Paragraph (1) shall not apply in cases where the Commission 
makes a finding pursuant to Section 310(d) of the Communications Act 
that the public interest, convenience, and necessity would be served by 
permitting an entity that owns, operates or controls a daily newspaper 
to own, operate or control an AM, FM, or TV broadcast station whose 
relevant contour encompasses the entire community in which such 
newspaper is published as set forth in paragraph (1).
    (3) In making a finding under paragraph (2), there shall be a 
presumption that it is not inconsistent

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with the public interest, convenience, and necessity for an entity to 
own, operate or control a daily newspaper in a top 20 Nielsen DMA and 
one commercial AM, FM or TV broadcast station whose relevant contour 
encompasses the entire community in which such newspaper is published 
as set forth in paragraph (1), provided that, with respect to a 
combination including a commercial TV station,
    (i) The station is not ranked among the top four TV stations in the 
DMA, based on the most recent all-day (9 a.m.-midnight) audience share, 
as measured by Nielsen Media Research or by any comparable 
professional, accepted audience ratings service; and
    (ii) At least 8 independently owned and operating major media 
voices would remain in the DMA in which the community of license of the 
TV station in question is located (for purposes of this provision major 
media voices include full-power TV broadcast stations and major 
newspapers).
    (4) In making a finding under paragraph (2), there shall be a 
presumption that it is inconsistent with the public interest, 
convenience, and necessity for an entity to own, operate or control a 
daily newspaper and an AM, FM or TV broadcast station whose relevant 
contour encompasses the entire community in which such newspaper is 
published as set forth in paragraph (1) in a DMA other than the top 20 
Nielsen DMAs or in any circumstance not covered under paragraph (3).
    (5) In making a finding under paragraph (2), the Commission shall 
consider:
    (i) Whether the combined entity will significantly increase the 
amount of local news in the market;
    (ii) Whether the newspaper and the broadcast outlets each will 
continue to employ its own staff and each will exercise its own 
independent news judgment;
    (iii) The level of concentration in the Nielsen Designated Market 
Area (DMA); and
    (iv) The financial condition of the newspaper or broadcast station, 
and if the newspaper or broadcast station is in financial distress, the 
proposed owner's commitment to invest significantly in newsroom 
operations.
    (6) In order to overcome the negative presumption set forth in 
paragraph (4) with respect to the combination of a major newspaper and 
a television station, the applicant must show by clear and convincing 
evidence that the co-owned major newspaper and station will increase 
the diversity of independent news outlets and increase competition 
among independent news sources in the market, and the factors set forth 
above in paragraph (5) will inform this decision.
    (7) The negative presumption set forth in paragraph (4) shall be 
reversed under the following two circumstances:
    (i) The newspaper or broadcast station is failed or failing; or
    (ii) The combination is with a broadcast station that was not 
offering local newscasts prior to the combination, and the station will 
initiate at least seven hours per week of local news programming after 
the combination.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-14786 Filed 6-27-08; 8:45 am]
BILLING CODE 6712-01-P